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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
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i got let go from work today for coming late last sunday. my

Resolved Question:

i got let go from work today for coming late last sunday. my employer created a point system where employees will get a point everytime he/she missed a day of work, and half a point for being late 3mins or more. 7 point is where they the employer terminate the employee. human resources told us that we also get points even we have a doctors excuse for being sick. HR also added that if we are sick, we have to show to work and let our supervisor decide. is that legal?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Do employees at your job have sick leave?
2. How many employees does your company have within a 75 mile radius of where you work?
3. Does the company access points if a person has sick leave available and they take a day off?

Doug
Customer: replied 1 year ago.

yes we do have sick leave. yes the company does access points everytime we call in sick with sick leave.


 

Expert:  LawTalk replied 1 year ago.
I'm afraid that I cannot assist you. I will opt out and perhaps another expert can assist.

Please do not respond to this message as it will send this question back to me.

Thanks and good luck.

Doug
Expert:  Joseph replied 1 year ago.
Hello, different expert here.

Please permit me to assist.

How many employees does your employer have?

When you were calling in sick was it due to a disability or health condition?
Customer: replied 1 year ago.


when I did call in sick I had flu and fever. I went to see a doctor and the doctor told me to stay home for 2 more days before going back to work. and when I went back, my employer gave me a point. there is at least 50 employees in that company. and 90% of those employees are trying to fight to abolish the point system.

Expert:  Joseph replied 1 year ago.
Hello,

Again, I'm very sorry to hear about your situation.

My goal is to provide you with excellent service today.

What your employer did is illegal, since under the Family and Medical Leave Act (or "FMLA") you are entitled to up to 12 weeks of unpaid leave for illness since your employer has 50 or more employees at your location.

Your employer is obligated to inform you of this leave, and it can be taken on an intermittent basis, meaning that you can use if for a few days when you are sick with the flu, and don't have to use it for any longer than necessary.

During that time, you are prevented from being terminated due to your use of FMLA leave and it is a violation of the act for your employer to terminate you when you are out on leave or to retaliate against you for taking that leave.

Your employer's knowledge that you have a serious health condition (including the flu) is enough to trigger the protections of FMLA, so I would recommend that you file a complaint with the EEOC for violations of your rights under the FMLA as soon as possible.

You can do so using the information online here:

http://www.eeoc.gov/employees/charge.cfm

The EEOC will then investigate your complaint on your behalf and either represent you on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.

Again, since my goal is to provide you with the best service today, please do not hesitate to ask me any follow up questions or to request any additional information.

If you have no further questions, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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Joseph
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